HomeMy WebLinkAboutOrdinance No. 2010-01 l
1 (Title: An ordinance amending provisions governing the local permit and license fees for
the sale of alcoholic beverages.)
ORDINANCE NO. 2010-01
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS, BY AMENDING CHAPTER 6,
"ALCOHOLIC BEVERAGES," BY AMENDING THE PROVISIONS
RELATING TO LOCAL PERMIT AND LICENSE FEES TO BE
CONSISTENT WITH STATE LAW; MAKING CERTAIN FINDINGS; I
PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 I
FOR VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the Texas Alcoholic Beverage Code provides for the licensing and
permitting of the sale of alcoholic beverages; and
WHEREAS, as part of the permitting and licensing process, municipalities are
authorized by the state to levy and collect local permit and licensing fees; and
WHEREAS, the Texas Alcoholic Beverage Code §11.09 and §61.03 provide for permits
and licenses that have two-year terms;
WHEREAS, the City Code provisions require the levy of permit fees each year and are
not consistent with the state law provisions providing for permits with a two-year term; and
WHEREAS, it is the best interest of the health, safety and welfare of the City of
Friendswood to amend the provisions relating to the permitting and licensing of the sale of
alcohol to be consistent with state law; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The Code of Ordinances of the City of Friendswood, Texas is amended by
amending Chapter 6, "Alcoholic Beverages"to read and provide as follows:
"ARTICLE I. IN GENERAL
Sec. 6-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Generally . The words, terms and phrases used in this chapter, except where the context clearly
indicates otherwise, are as defined in V.T.C.A., Alcoholic Beverage Code § 1.04.
Tax assessor and collector means the city secretary.
Sec. 6-2. Levy of permit or license fee.
(a) Permit fees. There is hereby levied a separate fee upon the holder of each and every state
permit to sell, manufacture, store or deliver liquor, wine or beer from premises located within the
city.
(1) The fee shall be one-half of the charge made by the state for each state permit or
the maximum amount permitted by law, whichever is reg ater.
(2) The amount of applicable fees shall be double for a state permit with a two-year
term.
(3) The following shall be exempt from the fee authorized by this section:
a. agent's, airline beverage, passenger train beverage, industrial, carrier's,
private carrier's, private club registration, local cartage, storage, and temporary
wine and beer retailer's permits;
b. a wine and beer retailer's permit issued for a dining, buffet, or club car;
and
C. a mixed beverage permit during the three-year period following the
issuance of the permit.
(b) License fees. There is hereby levied a separate fee upon each holder of each and ever state
license, except a temporary or agent's beer license, issued for premises located within the city, to
the fullest extent authorized by Texas Alcoholic Beverage Code §61.36.
(1) The fee shall be one-half of the charge made by the state for each state license or
the maximum amount permitted by law, whichever is greater.
(2) The amount of applicable fees shall be double for a state license with a two-yea
term.
sell, manufaeture, stefe or deliver liquor-, Aine or beer from premises leeated within the eity FThere is hereby levied annually a separate fee upon the holder of eaeh and evei:5, state per-mit t
fee shall be ene half of the ehafge ffiade by the state fer- eash state pen:mit Pr lisen-sR. Ar th�
Sec. 6-3. Fee receipt; expiration.
For each fee paid under section 6-2, a separate receipt shall be issued by the city, and each such
receipt and fee shall expire and terminate [ aeh year] on the expiration date of the state permit or
license.
Ord.2010-01 2
Sec. 6-4. Commencement of operation.
Every person owning, operating, managing or controlling any premises on which a city fee is
levied under section 6-2 shall not commence operations under any such state permit or license'
until the city fee has been paid and the current receipt issued by the city is displayed in the
manner required for display of a state permit or license.
Sec. 6-5. Penalties.
If a person required by the provisions of this chapter to pay a fee imposed under section 6-2 shall
fail to pay such fee or display a current receipt in the same manner for the display of the state
permit, such person shall be deemed guilty of a misdemeanor and upon conviction shall be
punished pursuant to section 1-14.
Sec. 6-6. Location of alcoholic beverage sales restricted.
(a) It shall be unlawful to sell or offer for sale any alcoholic beverage from a place of business
which is located within 300 feet of a church,public school or public hospital.
(b) For the purposes of this section, the measurement of the distance between the place of
business where alcoholic beverages are sold and the church or public hospital shall be along the
property lines of the street fronts and from front door to front door, and in a direct line across
intersections. The measurement of the distance between the place of business where alcoholic
beverages are sold and the public schools shall be from the nearest property line of the public
school to the nearest doorway by which the public may enter the place of business, along street
lines and in a direct line across intersections. For any business where alcoholic beverages are
sold holding a permit or license covering a premises where minors are prohibited from entering
the premises under V.T.C.A., Alcoholic Beverage Code § 109.53, the measurement of the
distance between the premises and a public school shall be along the property lines of the street
fronts and from front door to front door, and in a direct line across intersections. i
(c) Any person who shall violate any provision of this section shall be deemed guilty of a
misdemeanor and,upon conviction, shall be punished as prescribed in section 1-14.
Secs. 6-7--6-20. Reserved."
Section 3. Penalty. Any person who shall violate any provision of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction, shall be punished as prescribed iri
section 1-14 of The City Code. Each day of violation shall constitute a separate offense.
Section 4. Repeal. All ordinances or parts of ordinances inconsistent or in conflict
herewith, are, to the extent of such inconsistency or conflict, hereby repealed.
Section 5. Severability. In the event any clause, phrase, provision, sentence, or part
of this Ordinance or the application of the same to any person or circumstance shall for any
Ord.2010-01 3
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other
than the part declared to be invalid or unconstitutional; and the City Council of the City of
Friendswood, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,,
whether there be one or more parts. To the extent this Ordinance is in conflict with state law, the
state law is controlling.
Section 6. Effective Date. This Ordinance shall be in full force and effect
immediately upon and after its final passage and publication as required by law.
PASSED AND APPROVED on first reading this 0'day of January,2010.
PASSED,APPROVED, and ADOPTED on second and final reading this 25ih day of
January,2010.
avid J.9, S ith
Mayor
I
ATTEST
Deloris McKenzie, TRMC 0 F F IEyO
City Secretary � S�0
u � o
4TF OF
Ord.2010-01 4